KESHAV PARSAD Vs. CHANDIGARH ADMN.

JUDGEMENT

(1.) IN this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for issuance of a writ of certiorari for quashing notice dated 6.10.2005 and order dated 20.4.2006 (Annexures P-1 and P-2) issued/passed by Sub-Divisional Magistrate (East), U.T. Chandigarh (hereinafter described as 'the SDM'), under the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short, 'the Act'), while exercising the powers of the Estate Officer under the Act. He has further prayed for setting aside judgment dated 2.3.2007 (Annexure P-3) vide which his appeal filed against order Annexure P-2 has been dismissed by the District Judge, Chandigarh while exercising the powers of the Appellate Authority under the Act (referred to hereinafter a 'the Appellate Authority'). Still further, it has been prayed that a direction be issued to the concerned authority to serve upon the petitioner a notice under Sections 4 and 5 of the Act and the rules framed thereunder.

(2.) ON Kanhya Lal son of Salochan was allotted Booth No. 29 in Mauli Jagran Complex, Chandigarh by the competent authority of respondent No. 2. His allotment was cancelled on account of non-payment of instalments as per the terms and conditions of the allotment. The appeal and revision filed by him against the cancellation order were dismissed by the Chief Administrator and the Advisor to the Administrator, U.T., Chandigarh. Thereafter, the S.D.M. issued notice. Annexure P-1 requiring Kanhya Lal and all other persons, who may be in possession of the booth in question, to show-cause as to why order of eviction may not be passed and pursuant thereto, order Annexure P-2 has been rendered.

(3.) LEARNED counsel for the petitioner contended that since notice was not issued to the petitioner, who was inducted as a tenant in the booth in question by the original allottee, with regard to the cancellation of the allotment, Annexures P-1 to P-3 are liable to be quashed on the ground of violation of principles of natural justice.